NATIONAL INSURANCE CO LTD Vs. DWARIKA PRASAD SINGHAL

JUDGEMENT

(1.) FEELING aggrieved by an order passed by the Rent Controlling Authority, Gwalior, rejecting the application of the defendant-applicant praying for the rejection of the plaint under Order 7, Rule 11 read with section 151 of the Code of Civil Procedure, it has now approached this Court by means of the present revision under section 23-E of the M. P. Accommodation Control Act, 1961, seeking redress praying for the reversal of the impugned order.

(2.) I have heard the learned counsel for the applicant as well as learned counsel representing the respondents-landlords and have also carefully perused the record.

(3.) THE facts in brief, shorn of details and necessary for the disposal of this case lie in a narrow compass. An application under section 23-A of the aforesaid Act which is to be dealt with in accordance with the provisions of the Act as if it was a plaint, was filed by the plaintiff-landlord, Dwarika Prasad Singhal seeking eviction of the defendant, National Insurance Company Ltd. from the accommodation in dispute, which had been let out to it, on the grounds contemplated under section 23-A (b) of the aforesaid Act to the effect that the accommodation was "bona fide" required by the landlord for the purpose of starting his business. The plaintiff-applicant claimed the benefits made available under section 23-J of the Act which secured a right to the specified landlords enumerated therein to maintain such an application and as provided under section 23-D of the Act the Rent Controlling Authority was required to decide the same as far as may be within six months of the order of the grant of leave to the tenant to contest the application following as far as practicable the practice and procedure of a Court of Small Causes including the recording of evidence under the Provincial Small Causes Courts Act, 1887, requiring further the said Authority to proceed as far as possible with the hearing of the application from day to day.